General Railway Signal Co

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF GENERAL RAIL WAY SIGNAL CO.

MODIFYING ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 2(a) OF THE CLA YTON ACT AND THE FEDERAL TRADE COMMISSION ACT Docket C-837. Consent Order. Sept. 24. 1964--Modifing Order. Aug. 29. 1994 This order reopens the proceeding and modifies the Commission s 1964 order (66 FTC 882) by terminating the order consistent with the Commission s new policy that the public interest requires setting aside orders in effect for more than twenty years.

ORDER REOPENING PROCEEDING AND MODIFYING ORDER On April 29, 1994, Union Switch & Signal, Inc. ("Union ), fied a Request To Reopen Proceedings and Modify Order ("Request ) in this matter, pursuant to Section S(b) of the Federal Trade 45(b), and Rule I of theCommission Act IS c. , 16 CFR S1. Union modified itsCommission s Rules of Practice request by letter dated June 22, 1994. The Request was placed on the public record and elicited no comments.

On July 22, 1994, the Commission issued its Statement of Policy with Respect to Duration of Competition Orders and Statement of Intention To Solicit Public Comment with Respect to Duration of Consumer Protection Orders. In iis Statement of Policy, the Commission said, in relevant part, that "effective immediately, the Commission will presume, in the context of petitions to reopen and modify existing orders, that the public interest requires setting aside orders in effect for more than twenty years. " Statement of Policy at 8. The Commission ordcr in Docket C-837 was issued on September I and has been in effect for almost thirty years. , 1964, Consistent with the Commission s July 22 , 1994, Statement of Policy, the presumption is that the order should be terminated. Nothing to overcome the presumption having been presented \ Genera! Railway Signa! Co. 66 FTC 882 (1964), modified. 108 FfC 181 (1986) (petition of American Standard. successor to Westinghouse Air Brake Co,); 110 FTC J43 (1987) (petition of General Railway Signal). Petitioner Union is a successor to Westinghouse Air Brake Co" one of the two original respondents.

GENERAL RAIL WAY SIGNAL CO. 421 420 Modifying Order It is ordered That the proceeding be, and it hereby is, reopened for the purpose of modifying the order entered therein; It is That the Commission s order in Docket C- further ordered 837 be, and it hereby is, modified to state that from the date hereof the order in Docket C-837 shall have expired; and It is further ordered That notice hereof shall be provided to the petitioner and to other respondents under the order in Docket C-837. Commissioner Yao not participating * Prior to leaving thl; Commission, former Commissioner Deborah K. Owen registered her vote in the affirmative for the order in this matter. Complaint 1I8F.